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DESCRIPTION OF SERVICES PICOVALE in conjunction with the NAPA VALLEY GRAPEGROWERS provides services for the collection and dissemination of remotely collected data (collectively, “Service”). Service is subject to transmission limitation, reduction in transmission speed, or interruption caused by weather, equipment, terrain, or other conditions. Service may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to system capacity limitations, system repairs or modifications, or in response to suspected fraud, abuse, hacking or malicious viruses, or misuse of the internet network. Interruption may also result from refused or returned payments or user nonpayment of charges. Picovale and/or the Napa Valley Grapegrowers may block access to the service if, in our sole discretion, we are experiencing collection, fraud problems or other misuse of the service. LIMITATION OF LIABILITY PICOVALE AND THE NAPA VALLEY GRAPEGROWERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE SERVICE OR SOFTWARE FOR ANY PURPOSE. PICOVALE AND THE NAPA VALLEY GRAPEGROWERS DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE. PICOVALE AND/OR THE NAPA VALLEY GRAPEGROWERS ARE NOT LIABLE FOR SERVICE OUTAGES, LOSS OF DATA, INABILITY TO RETRIEVE DATA, OR SERVICE LIMITATIONS OR INTERRUPTIONS BEYOND OUR CONTROL. OUR TOTAL LIABILITY ARISING FROM ANY GROSS NEGLIGENCE SHALL IN NO EVENT EXCEED OUR MONTHLY SERVICE CHARGES DURING THE AFFECTED PERIOD AND IN NO EVENT WILL THE AFFECTED PERIOD BE DEEMED TO EXCEED 30 DAYS IN LENGTH. WE ARE NOT LIABLE FOR ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS. USERS AND PICOVALE AND/OR THE NAPA VALLEY GRAPEGROWERS BOTH WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE SERVICES UNDER THIS AGREEMENT ARE BEING PERFORMED SOLEY FOR THE USER'S BENEFIT, AND NO OTHER ENTITY SHALL HAVE ANY CLAIM AGAINST PICOVALE AND/OR THE NAPA VALLEY GRAPEGROWERS CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF RENDERED SERVICES. USE OF SERVICE Reproduction, retransmission, dissemination or resale of Service is prohibited without prior written contractual arrangements with Picovale Services. users are responsible for the purchase and maintenance of any additional hardware, software and/or Internet access from their PC required to use the Service. By using the Service, users agree to abide by the terms and conditions of any applicable software license.
© 2007 - Under License From
Picovale Services, Inc.
- All Rights Reserved